Terms and Privacy
Parampara's terms and conditions are in three parts:
Should you have any questions we're always happy to discuss.
Please send us an email at firstname.lastname@example.org.
Parampara's terms and conditions are in three parts:
Should you have any questions we're always happy to discuss.
Please send us an email at email@example.com.
Effective Date: 26 March 2020.
The platform accessible through the getparampara.com domain name (the “Site”) is provided by Parampara Pty Ltd ABN 88 628 104 941 (‘us’, ‘we’ or ‘Parampara’), an Australian company with its registered address in Sydney, Australia. You may contact us by sending an email to firstname.lastname@example.org.
These Terms and Conditions are the legal agreement between you and the Company, and govern the access to, browsing, and use of the Site. By accessing the Site, you accept to be bound by these Terms and Conditions. In the case you do not agree with these terms and conditions, you must immediately cease accessing or using the Site. If you have any doubts in connection with these Terms and Conditions please contact email@example.com.
2. Purpose of the Site
The purpose of the Site is to provide general and business information about the activity of the Company and, with respect to users that have created an account in accordance with the Service Terms and Conditions, enable the use of the services offered by us, consisting in the creation of interactive messages ('Paramparas') and any other services as may be offered by us from time to time (indistinctly referred to as the 'Services').
The Site is not targeted towards, nor intended for use by, anyone under the age of 16. You must be at least 16 years old to access and use the Site and use the Services. If you are between 14 and 16 years old, you may only use the Site under the supervision of a parent or legal guardian.
3. Information available on the Site
We make our best efforts to ensure that all general and business information available on the Site is comprehensive and error-free, and we periodically review the contents, information, and any other data of any kind included on the Site. However, you acknowledge and accept that all data available on the Site is provided for information purposes only, and that the Company does not warrant nor accept any liability for any errors existing in the information. We recommend you that you search from time to time for updates of, or amendments to, the contents of the Site.
4. Your use of the Site
You must use the Site complying with law and public order. In particular, you undertake to not use the Site to pursue illegal purposes, contrary to the rights and legitimate interests of us or any other third party, or in any other manner that may tamper, disrupt, overload or otherwise damage the Site or the Services. You undertake to comply with any instructions or recommendations given by us or by any individual acting on behalf of the Company in connection with the use of the Site or the Services.
You shall indemnify, defend, and hold the Company, its officers, directors, employees, agents, partners, suppliers, and/or licensors harmless, and will keep them indemnified from and against any claim, loss, expense, liability, damage or demand—including reasonable attorney’s fees— relating to, arising from, or allegedly arising from your use of the Site in breach of the law, or a breach of these Terms and Conditions or any other contractual obligation you have assumed with respect to the Company.
6. Limitation of liability
We make our best efforts to ensure that the Site is available and fully functional. However, to the maximum extent permitted under applicable law we do not warrant that the Site will always be available, undisrupted, and error-free. In particular but without limitation, we shall not be held liable in the event of:
7. Intellectual property
All works, trademarks, software, or other contents and creations displayed on the Site or otherwise provided or made available by us through the Site or the Services are owned by the Company or have been licensed to us by their owner. Unless expressly granted by their corresponding rightsholders or by law, you do not have any use or ownership rights upon the above-mentioned contents and creations other than for the use of the Site or the Services under the terms and conditions described in these Terms and Conditions Therefore, except when authorised in accordance with this section or these Terms and Conditions you may not distribute, reproduce or copy, communicate to the public, transform or modify, adapt, translate, or otherwise use and exploit said works.
9. Links to third parties’ webpages
We are not liable for websites and contents provided by third parties that are linked or embedded in the Site or the Services, either as advertisement banners or otherwise included in any of the Site’s contents. We shall have no obligation to review the contents of said webpages and the services or products that third parties may offer through them, and their existence does not imply that we support, promote, endorse, sponsor, guarantee, or recommend the linked websites, contents, services, or products. You acknowledge that terms and conditions may apply to the access and use of said services, products, and websites, and that you are responsible for reviewing and accepting them.
10. Amendments to the Site
We may update, delete, amend or modify the Services, the Site, and the information provided through the Site from time to time. Likewise, we may delete access to the Services or the Site from time to time.
11. Governing law and dispute resolution
The rights and obligations of the parties under these Terms and Conditions are to be governed by the laws of New South Wales, Australia. This shall not prevent the application of those mandatory rights you are entitled to under your applicable law in the event that you are acting as a consumer.
The illegality, invalidity, nullity or unenforceability of any of the sections of these Terms and Conditions will not affect the validity of its other provisions, which shall remain in full force and effect. Such sections are to be replaced or integrated into others that, in accordance with law, correspond to the objective of the substituted sections.
If, at any time, we fail to respond to a breach of these Terms and Conditions by you, that failure will not waive our right to act with respect to subsequent or similar breaches. A waiver will only be binding on the Company if it is in writing and signed by the Company.
Effective Date: 16 September 2020.
The platform accessible through the getparampara.com domain name (the ‘Site’) and the services offered through the Site are provided by Parampara Pty Ltd ABN 88 628 104 941 (‘us’, ‘we’ or ‘Parampara’), an Australian company with its registered address in Sydney, Australia. You may contact us by sending an email to firstname.lastname@example.org.
These service terms and conditions (‘Terms’) govern the use of the services offered by us, consisting in the creation of online scripts and sessions —the ‘Paramparas’—the subsequent collection, storage and related information management, and any other services as may be offered by us from time to time (the ‘Services’).
In order to be able to use the Services, you will need to create an Account (as this term is further described in section 2.b below) and comply with other requirements set forth in these Terms.
a. Eligible individuals
Services are offered to individuals and companies, either conducting business activities on their own or acting as consumers. For purposes of these Terms, ‘consumer’ shall be interpreted as any individual or company using the Services for a purpose other than to conduct a business or commercial activity.
b. Account creation
In order to access the Services, you will need to register and create a personal and non-transferable account in the Site (the ‘Account’). To this end, you must provide true, current, complete, and accurate information, as requested during the registration process, that refers to you. You cannot sign up or otherwise create an account with us on behalf of a third party.
The features and functionality of the Services may vary from time to time and further and more detailed information on the current features and functionalities of the Service may be provided during the signup process.
Account ownership is based on the data provided when signing up and, to this end, it is important as mentioned above that all information you have submitted is true, accurate, current, and complete. Note that when you are providing your information and accepting these Terms, you are entering into an agreement with us which described which are the obligations we have with regards to each other. If you have problems accessing or logging in into the Services, please visit our Help page or contact us.
c. Provision of the Services
Once an Account has been successfully created, Services will be available and ready to use. Note, however, that certain Accounts are subject to prior payment of the corresponding fees, so access to and use of functionalities and Services under said Accounts is subject to said payment requirements.
This section does not preclude your rights as a consumer under section 7 below—if you are using the Services as a consumer, you are entitled to cancel and withdraw from these Terms and the Services under the terms and conditions detailed in that section.
d. Services and third parties service providers
To ensure you are provided with high-quality Services, from time to time we may rely on third party service providers. You understand that those providers act beyond our reasonable control and that we shall not be held liable for any damages caused by an action or omission attributable to them.
Also, you may decide to use third parties to process the information you may collect through the Services (e.g. by using webhooks). In all those cases, you acknowledge and agree that those third parties are beyond our reasonable control, and that we will not be liable for any damages arising from the use of said information by those third parties, or in the event that you decide to transfer information to those third parties by using non-secured means (e.g. non-https transfer protocols). We recommend that you carefully review any terms and conditions governing the use of those third parties’ services and any integration tools they may offer before you start using their services. Note that the use of said services may result in the transmission of any kind of information (either confidential or having a personal nature, among others) outside our platform, and third parties not related to Parampara may subsequently be gaining access to, modifying, or even deleting said information.
a. Account security and credentials
Accounts are to be used by you, and it is strictly forbidden to share or allow others to use it. You must keep credentials for your Account secured at all times. It is strictly forbidden to share said sets of data with any third parties, or to write them down for recovery purposes. Should you suspect that your Account or your credentials have been or are being used by a third party, or have been compromised, you must contact us immediately at email@example.com. Otherwise, we may attribute all use of your Account to you, and you agree to be responsible for all activities that occur under your Account.
b. Use of your Account and Services
You must use your Account and the Services complying with law and public order. In particular but without limitation, you shall not:
Access the Site, Accounts and/or the Services by any means other than through interfaces provided by us and as otherwise expressly authorised under these Terms;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise tamper the security measures, usage rules or other protection measures implemented by us, our service providers or any third parties to protect the Site, the Accounts or the Services, as well as the restricted features or functionalities available for given categories of Accounts other than the one you are holding, or to attempt to do any of those actions;
Access, tamper with, or use non-public areas of the Service or the Site, the computer systems of Parampara, or the technical delivery systems of our providers;
Process data considered as ‘sensitive’ under Australian or your local data protection laws as well as those relating to payment details can only be done as long as you have obtained our prior written approval. For clarification purposes, this includes health data or any other information relating to an individual's health, as well as to upload any documents related to the same or ask for the upload of the same;
Use any metatags or other hidden text or metadata in the Site or Services, as well as forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
Use, display, mirror, or frame the Site or Services, any individual element within the Site or Service, the layout and design of any portion of the Service or the Site, or the intellectual property rights and other proprietary rights of Parampara;
Attempt to access or search the Services or Site, or scrape or download content from the Services or Site, or otherwise use, upload content to, or create new links, reposts, or referrals in the Services or Site through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers or search engines;
Reverse engineer, decompile or disassemble software used in connection with Paramparas, Site or Services;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services or the Site;
Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Site or the Services, or your access to or use of the Site or Services;
Impersonate or misrepresent your affiliation with any person or entity, as well as stalk or harass other users or third parties, or share or use offensive or pornographic materials;
Activities such as vulnerability scanning, load testing, penetration tests or bypassing our security measures in any intended way are strictly prohibited to be carried out on our platform without our previous written approval;
Use the Services and, in particular, the functionalities aimed at ensuring interaction of the Services and our product to monitor the availability, performance or functionality of our Services or the Site, or for benchmarking or other competitive purposes; Send any unsolicited or unauthorised electronic commercial communications, chain letters, or other form of non-authorised solicitation; or/and
Otherwise, use the Account, Site or Services in a manner contrary to the rights and legitimate interests of Parampara or any other third party, or in any other manner that may tamper, disrupt, overload, or otherwise damage the Site or the Services. You may let us know about any abuse by emailing us at firstname.lastname@example.org.
For avoidance of doubt, you—or any third party authorised by you—may carry out any action that enables the Services to interoperate and communicate with a given software program, provided that any such integration has been developed by means of the public APIs and related products and services provided by us as part of our range of technical products for developer and integrator users. You understand that we do not control the use of any information collected by third parties—regardless of whether said collection of information took place in the past, is taking place in the present, or is intended to be carried out in the future—by means of said integrations and that further third parties’ terms and conditions may apply to your use of APIs. Therefore, you understand and agree that we shall not defend, indemnify, or hold you harmless for any and all costs or damages arising from those third party actions and integrations.
c. Materials available in the Services or the Site
The Site and the Services may include information, graphics, text, images, and other materials uploaded by other Account holders or third parties. Said materials are solely for your use in connection with the Site and Services, and their legality, accuracy, and completeness are the sole responsibility of the party that have uploaded them to or provided as part of the Site or the Services. Use of the materials may be subject to specific terms and conditions or license terms, and you are responsible to obtain any required licenses or authorisations, and to comply with any licenses or terms and conditions applicable to them.
d. Your contents
We do not claim ownership on the contents you may upload or otherwise use in connection with the Site or Services. However, to ensure we can provide you with the Services or access to the Site, you grant us a worldwide, royalty-free, transferable, sublicensable, non-exclusive, perpetual, irrevocable license under all your intellectual property rights to use, reproduce, distribute, communicate and public perform or display (including, among others, the rights to broadcast and transmit), transform and modify, and/or adapt your contents in connection with the operation of the Site and/or the Services. You represent and warrant that you have the rights necessary to grant the license hereunder, and that your contents do not infringe the law or third party rights or interests.
Please note that by submitting content (photos or videos) into the Service, said contents are made publicly available to third parties. Please evaluate whether you want to share said content under those conditions before submitting them as part of the Services.
e. Third parties’ intellectual property and other proprietary rights
Without prejudice to section 3.b above, you accept not to upload into the Services or the Site, or post, email, transmit, share, or otherwise use, in conjunction with, or related in any manner with the Services or the Site, content for which you do not possess the prior authorisation of their titleholders. We are not responsible for said content nor the actions you may take with respect to the content, and you shall not use third party content unless you have first obtained the permission of its owner.
By way of example, you shall not use photographs, music, text, graphics, information, trademarks, trade names, or other content protected under intellectual property rights that are not yours, except when the corresponding owner has expressly given its approval. It is strictly forbidden to use the Services to circumvent the rights of any titleholder upon its intellectual property or other exclusive rights, such as, for instance, providing through the Services links to P2P platforms including infringing materials.
Notwithstanding section 11 below, we may delete at any time any content that breaches this section, without prior notice and accepting no liability for any such deletion.
f. Review of your contents
You acknowledge that, in order to ensure compliance with legal obligations, prevent phishing or fraud, or when unlawful content is reported to us, we may be required by third parties to review certain content submitted by you to determine whether it is illegal or whether it breaches these Terms. We may at our sole discretion modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, you acknowledge that we have no obligation to monitor or review any content submitted by you.
g. Obligations with respect to Respondents
h. Account information
You undertake to submit true, accurate, current, and complete information for the Account creation, and to notify us from time to time so as to keep said information current and accurate. In particular, when providing details on payment methods used for paying any fees associated with our provision of the Services to you, to make sure that said method is valid and can be used by you.
i. Collaboration with us
You undertake to comply with any instructions or recommendations given by us or by any individual acting on behalf of Parampara in connection with the use of the Site, your Account, or the Services.
If there are any fees payable for use of the Services, we will separately notify you of those fees, and that communication will be included in these Terms by reference.
The term for our Services provided to you under an Account commences on creation of an Account with us and continues unless terminated by you by written notice to us.
As mentioned above, you may terminate your Account at any time, and we reserve the right to terminate your Account under the conditions set forth in section 6 below. These Terms apply as long as you have an Account through our Site, regardless of the type of Account you held at each moment.
This section shall not prevent the rights you have as a consumer in connection with the cancellation of, or withdrawal from, your Account. For further information please refer to section 7 below.
a. Termination or suspension by Parampara
We are entitled to suspend your Account in the event that you provide us with untrue, inaccurate, not current, or incomplete information when creating your Account, as well as when you fail to comply with these Terms or other mandatory provisions by law. Upon occurrence of any of these, we will contact you and request you to remedy your breach of these Terms.
We may terminate your Account in the event you fail to redress any Terms breach in the non-extendable term of 15 calendar days from notification date. Additionally, your Account may be terminated in the event you substantially breach these Terms, including without limitation any case in which the Account is used to commit fraud (e.g. to carry out phishing attacks) or willfully addressed to breach the law. Account termination may result in data loss.
b. Termination by you
You may terminate your Account at any time by using the account termination option. If you terminate your Account you may still be able to access the Site, but you will not have access to the Services, features and content that are available to Account holders. Please note that this may result in data loss.
The Services are available upon completion of the signup process and creation of your Account (except for those functionalities subject to any of the subscription plans provided by us). By creating your Account and expressly requesting the Services, you waive to your withdrawal right, if applicable.
The Services may include functionality that allows you to access and post content to social media and third party platforms regarding your activities while using our Services. If you choose to use this functionality, we may:
a. have access to certain information that you make available through the social media or third party platforms at issue, provided that the data has been made available to us under the terms and conditions and privacy policies set forth by said third parties; or
b. post status messages, notes, photos, videos and other materials to the applicable Social Media or third party platform on your behalf.
Subject to all the applicable third parties’ terms and conditions and privacy policies, by connecting your Account with your account on a social media or third party platform, you grant us permission to access and use the information that you make available through the social media or third party platform at issue. To manage the information provided to us, please review the privacy settings applicable to your social media or third party platform accounts.
To the maximum extent permitted by applicable law, the Site and the Services are provided ‘as is’, ‘with all faults’ and ‘as available’ and the entire risk of use and performance remains with you. Parampara and its suppliers do not make any representations, warranties, or conditions, express, or implied, or statutory, and hereby disclaim any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, quiet enjoyment, or non-infringement and does not make any warranty or claim that the Services will be available or provided on an uninterrupted, timely, or secure basis; will be accurate, complete, reliable, or function properly; meet your requirements; be error-free or free from viruses, worms, or other harmful or malicious components. You may have additional rights under your local laws that these Terms cannot change and, in any such cases, Parampara’s liability is limited in accordance with and to the extent permissible under said local laws.
To the maximum extent permitted by applicable law, in no event will Parampara be liable for any consequential, incidental, exemplary, punitive, or special damages, including any damages to or for loss of data or privacy, revenue, profits, or property (including buildings, wiring, fixtures, devices, computers, peripherals, and animals) or for injury or death, arising from or relating to these Terms, your Account, or the Services.
Subject to sections 9 and 10 above, Parampara’s maximum, aggregate liability to you, and your exclusive remedy under these terms for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to these terms, your Account, the Services, or the Site will not exceed a total maximum amount equivalent to fees paid to Parampara in the last 12 months preceding the date in which the damage took place.
The limitation of liability set forth in this section applies to the maximum extent permitted by law.
You agree to indemnify, defend and hold Parampara, its officers, directors, employees, agents, partners, suppliers, and/or licensors harmless and will keep them indemnified from and against any claim, loss, expense, liability, damage, or demand, including reasonable attorney’s fees, relating to, arising from, or allegedly arising from (a) your use of the Site or the Services, and activities occurring under your Account; (b) any violation of these Terms; or (c) your violation of any other party’s rights or applicable law. Parampara reserves the right to assume, at your sole expense, the exclusive defence and control of any matter subject to indemnification by you, in which event you will fully cooperate with Parampara in asserting any available defences.
We may modify these Terms from time to time. We will provide you with reasonable written notice of any change. If you do not agree to any amendments to the Terms, you shall (as your sole remedy) stop using the Site and the Services. By continuing to use the Services or the Site, you are providing your agreement to be bound by the updated terms of the Terms.
The illegality, invalidity, nullity, or unenforceability of any of the sections of these Terms will not affect the validity of its other provisions, which will remain in full force and effect. Such sections are to be replaced or integrated into others that, in accordance with law, correspond to the objective of the substituted sections.
If, at any time, we fail to respond to a breach of these Terms by you, that failure will not waive our right to act with respect to subsequent or similar breaches. A waiver will only be binding on Parampara if it is in writing and signed by Parampara. These Terms constitute the entire agreement between you and Parampara with respect to your Account and the Services. Both you and Parampara, warrant to each other that, in entering these Terms, neither Parampara nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms.
The rights and obligations set forth in these Terms (or, otherwise, of the Account) cannot be assigned to any third party without the prior written consent of Parampara.
Notices under this agreement may be given by email to the parties' email addresses. In the case of Parampara this is email@example.com, in the case of you, this is the email provided when you create your Account, as amended by notice to us from time to time. A notice given by email is taken to be received one hour after the time the sender's information system recorded that the email left the sender's information system unless, within one day, the sender is informed (by automatic notice or otherwise) that the email has not been received by the recipient.
You can contact us in case you have any doubts, comments or concerns by email at firstname.lastname@example.org.
These Terms are to be governed and construed in accordance with the laws of New South Wales, Australia, without reference to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Any dispute that may arise from or in connection to us and/or the Site or the Services is subject to the jurisdiction of the courts in New South Wales, Australia.
If you are acting as a consumer, these Terms are to be governed and construed in accordance with Australia, but this shall not prevent the application of those mandatory rights you are entitled to under your applicable law. The courts in New South Wales, Australia, will not have exclusive jurisdiction in connection with any claim brought by you against Parampara.
Effective Date: 26 March 2020
3.1. Who processes personal information? (who is the ‘Data controller’).
Personal information is processed by us, an Australian company located in New South Wales having the following contact details:
Parampara Pty Ltd
111 Flinders Street
Surry Hills NSW 2010
Contact email: email@example.com.
Contact details for our Data Protection Officer: firstname.lastname@example.org.
3.2. What are we processing your data for and why are we processing it? (‘Purposes of data processing’, ‘legal basis of the data processing’ and ‘storage periods’).
We will process your data as part of providing the Services and to perform our obligations under our terms. We may process your data as long as the contractual relationship with you is in force and for five years following expiry or termination.
Subject to obtaining your consent, and as long as you do not withdraw any such consent, we may also process your data for the following purposes:
3.3. To what extent do we require to have access to your personal data?
We need to process your personal data to exercise the rights and perform the legal and contractual obligations mentioned in section 3.2 above. Otherwise, we are not able to provide you with the Services or access to the Site.
3.4. Which companies will have access to your personal information?
When you authorise us to do so, we may also share your data with other companies so that they can process the data for other purposes, as explained more in detail when we request your prior consent.
We may also share your information with competent courts and authorities, when we are legally required to do so (for instance, to allow such bodies to investigate, prevent, or take action against illegal activities), or we have to take action to protect our rights or any third party rights.
You may opt for creating a Parampara in which the results are displayed not in an anonymous manner but through personally identifying respondents. If you create a Parampara which has this functionality or which otherwise collects personal information, depending on what you intend to do with your data, you may be required to inform or comply with further legal requirements with respect to your respondents.
3.5. In which territories may your personal information be processed?
3.6. Your rights
You have the right to withdraw your consent at any time. You also have the right to request access to, and rectification of, or erasure of your personal data, or restriction of processing, or to object to processing, as well as the right to data portability. Please note that if you choose to cancel your data, your account will be deleted and all data in your account will be permanently deleted from our systems.
We allow you to exercise the above-mentioned rights at any time by emailing email@example.com.
3.7. Updating your information. Emails and commercial communications.
You can update any information we may have from you by means of the account settings area or by sending us a written communication as described in section 3.6 above. Please remember that it is your duty to keep information updated so we can correctly provide you with the Services, and you undertake to verify the information you have handed us from time to time to make sure that it is accurate.
As explained in section 3.6 above, you are entitled to request at any time for us not to send you any kind of emails or commercial communications. To that extent, you can either change the communication preferences in your account settings page or contact us as described in section 3.6 above. Note that this will not prevent the sending of emails or other communications related to the Services, as those communications are necessary to perform the relationship we have with you.
4.1. In order to provide you with the Services, we may need to process on your behalf third parties’ personal data. This is the case, for instance, when a person responds to or completes a Parampara, in which case the data is collected, stored, and processed on your behalf. For clarification purposes, the subject-matter of the processing is the provision of those Services, and the type of personal data and categories of data subjects depends on the information uploaded into the Service.
4.2. We will only process any personal data we may have access to as a result of the provision of the Services in accordance with the instructions included in the Service Terms and Conditions and any other that you may provide us from time to time in writing. Should we have reasonable grounds to believe that any of your documented instructions infringes applicable data protection laws, we will inform you punctually, so that you can confirm in writing that instruction. Please, note that in case of any such reconfirmation, you shall bear any consequences arising out of that instruction being contrary to law, and you shall defend, indemnify, and hold us harmless of any and all costs (including attorney’s fees), fines, or sanctions, or any damages deriving from our performance of the challenged instruction.
4.3. We will ensure that all employees and contractors authorised to process personal data have committed to confidentiality or are under an appropriate statutory obligation of confidentiality.
4.4. To provide you with the Services, we may need to use some service providers we already rely on, as well as hire new ones in the future. Those companies will only process the data to the extent necessary to render the Services, and we will enter into written agreements with them to make sure that said companies comply with the obligations included in this section 4 and implement all necessary security measures to ensure adequate protection of the data.
In the event that we want to change any of those service providers by another, or that we need to hire new companies, you will have the right to reasonably oppose to such changes or new appointments in the non-extendable term of 15 calendar days. ‘Reasonably oppose’ shall be interpreted as any challenge based on the failure to meet the legal requirements set forth by the European data protection laws by the new entity to be hired. In any event, we reserve the right to terminate the relationship with you should we cannot hire a subprocessor which is essential or needed for providing the service.
Where required by applicable law, the Company shall enter into written agreements with any subprocessors engaged in the provision of the Services including the safeguards and guarantees required by the General Data Protection Regulation (EU Regulation no. 679\2016, the ‘GDPR’), particularly in respect of implementing the security measures required in the GDPR. For those subprocessors not part of the Privacy Shield scheme or located in a country considered by European authorities as having the same level of protection than European data protection laws, you agree to comply with the requirements set forth in 4.10 below.
4.5. At your request and expense, we shall assist you by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of your obligation to respond to requests for exercising the data subject's rights laid down in Chapter III of the GDPR, if applicable. For avoidance of doubt, we shall convey you any request data subjects may address directly to us together with all relevant information, if any, so that you can contact and answer to data subjects, but we shall not take care of responding data subjects.
4.6. We will implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk. At your request and expense and taking into account the nature of processing and the information available to us, we shall reasonably assist you in compliance with the security obligations set forth by Article 32 of the GDPR.
4.7. We will also provide, at your request and expense and subject to the nature of processing and information available to us, assistance in complying with obligations set forth in Articles 33 to 36 of the GDPR, if applicable. With respect to data breaches, we will notify you without undue delay upon we confirm that a data breach affecting personal data has taken place. We will provide you with sufficient information to allow you to meet any obligations to report or inform competent authorities or data subjects. We will reasonably cooperate with you and take such reasonable commercial steps as are directed by you to assist in the investigation, mitigation, and remediation of each such data breach. For avoidance of doubt, you are responsible for both filing any reports required under applicable law and notifying data subjects, and you must defend, indemnify and hold us harmless of any and all costs (including attorney’s fees), fines, or sanctions, or any damages that lack of action on your side may cause.
4.9. We will make available to you all information necessary to demonstrate compliance with the obligations laid down in this Section 4 and allow for and contribute to audits, including inspections, conducted by you or another auditor mandated by you who is not any of our competitors. You accept that you may only conduct up to one audit per year, except if there are reasonable grounds to believe that we are not performing the obligations included in this section 4. Audits shall only be carried out during normal business hours, and you shall bear all costs except where we are found to be in a material breach of this section 4.
4.10. For the provision of the Services or because you want to process data from a given location or hand it to another company, data may be transferred to an entity not part of the Privacy Shield scheme or to a country which has not been declared to offer a level of protection equal to the one provided by European data protection regulations. In those cases, you shall ensure that said transfer is possible in accordance with European data protection regulations or any other requirements set forth by law without having to sign Standard Contractual Clauses. Should this not be possible—and only to this extent—and with respect to any subprocessors hired by us, you (as ‘data exporter’) and we (as ‘data importer’) hereby agree to enter into the Standard Contractual Clauses in respect of any such transfers of data. You fully agree with the contents of the Standard Contractual Clauses (available here) and—given that the contractual relationship set forth in the Service Terms and Conditions cannot exist without international transfers of data—you further warrant and represent that you will not question the execution of Standard Contractual Clauses in the future, being their signature a mere act evidencing their agreement to the same as set forth herein.
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